Once upon a time in the late 1900s, the tobacco industry executives were hard at work to refute any claims by reputable independent scientists that cigarette smoking was harmful to the health of Americans as it was the number one cause of lung cancer. These executives hired their own scientists to counter the numerous scientific studies which proved, otherwise. It took years to begin to hold these industry business leaders accountable for the harm they were doing by promoting their cigarette products, especially to young peoples.

As per the DOJ’s own website, “After the massive Master Settlement Agreement (MSA) between states and the tobacco industry regarding fraud associated with the sale and marketing of cigarettes, the U.S. Department of Justice (DOJ) decided to file a similar lawsuit against the industry. In 1999, the DOJ sued the nation’s largest cigarette manufacturers and tobacco trade organizations in the U.S. District Court for the District of Columbia (“District Court”), claiming civil fraud and racketeering violations under the Racketeer Influenced and Corrupt Organizations (RICO) Act. The violations pertained to: 1) the hazards of smoking; 2) nature of addiction; 3) nicotine manipulation; 4) “light” cigarettes; 5) secondhand smoke; 6) marketing to youth; and 7) suppression of information. The government requested injunctive relief to prevent further fraud, as well as monetary damages to disgorge ill-gotten profits and provide funding for programs dedicated to smoking cessation and public education.”

These lawsuits were finally successful after the courts allowed consumers to file lawsuits to pursue these tobacco companies’ data about marketing strategies. It was during the discovery process that it was uncovered that that these companies were well aware of the harmful effects of their products on American consumers. What was really galling, was its marketing information that proved that the executives had deliberately manufactured cigarettes to be addictive and that they were targeting young peoples.

Well, the NRA National Rifle Association and the gun industry have followed the tobacco industry’s playbook. Their officials have continued to deny the relationship between the abundance of guns in the US and the corresponding high incidence of gun violence in every area of the country. Because of the NRA’s lobbying power over the GOP lawmakers in the US Congress and 2nd amendment (US individual’s right to own guns) zealots, mass shooting victims are barred or extremely limited in accessing justice via the US courts, as in general, the gum manufacturers and the gun dealers have immunity, making it very difficult for victims to successfully gain justice by filing a lawsuit.

The USA is the mass shooting capital of the world. The favorite tool used by mass shooters is the Remington AK15. This time, a US court is allowing the Sandy Hook parents who are victims of a 2012 mass shooting, where their children were fatally wounded, to sue Remington Outdoor Co Inc, a Connecticut corporation. They will be allowed to go through the discovery process where they can access Remington’s marketing strategies regarding their popular AK 15. This is first step, but it is a game changer. This is a big deal.

Here is the rest of the story…

On March 14, 2019 Tina Bellon of Reuters penned the following report, “Families can sue gun maker for Sandy Hook school massacre: court”

Excerpts:

“Families of schoolchildren gunned down in the 2012 Sandy Hook massacre can sue Remington Outdoor Co Inc, a Connecticut court ruled on Thursday, in a setback for gun makers long shielded from liability in mass shootings.”

“In a 4-3 ruling widely expected to be appealed to the U.S. Supreme Court, Connecticut’s highest court found the lawsuit could proceed based on a state law protecting consumers against fraudulent marketing.”

“The Connecticut Supreme Court has blown a very large hole into the federal immunity for firearms manufacturers in lawsuits alleging criminal misuse of the products they sell,” said Timothy Lytton, a law professor at Georgia State University and author of a book on gun litigation.”

“In a mass shooting that rocked the US shortly before Christmas of 2012, a 20-year-old gunman killed 20 school children aged 6 and 7 in addition to six adult staff, using a Remington AR-15 Bushmaster rifle, a semi-automatic civilian version of the U.S. military’s M-16.”

“The families of nine of the victims and one survivor have said Remington, along with a gun wholesaler and local retailer, are partially responsible for the carnage at Sandy Hook Elementary School in Newtown, Connecticut, because they marketed the weapon based on its militaristic appeal.”

“Josh Koskoff, one of the lawyers for the victims’ families, said in a statement the families were grateful for the court’s rejection of the gun industry’s bid for complete immunity.”

“The families’ goal has always been to shed light on Remington’s calculated and profit-driven strategy to expand the AR-15 market and court high-risk users, all at the expense of Americans’ safety. Today’s decision is a critical step toward achieving that goal,” Koskoff said.”

“Leading gun control advocates such as Everytown for Gun Safety and the Brady Campaign applauded the ruling.”

NOT A SECOND AMENDMENT ISSUE

“Should the case go before the U.S. Supreme Court, where conservatives hold a 5-4 majority, it may not be affected by the constitutional protection for people to keep and bear arms under the Second Amendment.”

Instead, it would depend on the justices’ interpretation of the broader legal question of whether federal courts should generally be allowed to interfere in state law, experts said.

“The 2005 Protection of Lawful Commerce in Arms Act, or PLCAA, has provided the U.S. firearms industry an almost impenetrable defense against lawsuits by victims of mass shootings and gun violence, broadly shielding Remington and others such as American Outdoor Brands Corp, Sturm Ruger & Co and Vista Outdoor Inc from liability.”

“The Connecticut court (said) the families could bring their claims under the consumer protection statute.”

“Once we accept the premise that Congress didn’t intend to immunize firearms suppliers who engage in truly unethical and irresponsible marketing practices promoting criminal conduct … it falls to a jury to decide whether the promotional schemes alleged in the present case rise to the level of illegal trade practices and whether fault for the tragedy can be laid at their feet,” the judges said.”

“Three dissenting judges argued that the federal gun maker shield law did not include such an exception.”

“The National Shooting Sports Foundation, the firearm industry’s trade association, agreed with the dissenters, saying the ruling was “at odds with all other state and federal appellate courts that have interpreted the scope of the exception.”

9 comments

In general, I would love to file a law suit against Alex Jones of Info Wars for his inflammatory rhetoric but the 1st Amendment that protects ‘freedom of the press’ and ‘free speech, makes my fantasy, almost impossible.

But the Sandy Hook parents are that exception as he caused many of them grievous pain when he continued to call the 2012 Sandy Hook massacre, a hoax. In January, the courts have allowed the parents to have access to his internal documents. I do wish the Sandy Hook families all the luck in the world if they can end his ability to continue to spout his BS.

Just to get this off of my chest.
In my kind of socialist state he would have been locked up a long time ago as a threat to the stability of the community and as a fraudster….and woebetide anyone who campaigned on his behalf…
And this is why I never ran for any sort of office.

With the seeds they have sown, it doesn’t go far enough… putting them all out of business still would be falling short of what would be needed to curb the outcome if they don’t stop promoting violence.

There’s a long way to go to chip away at the power in the USA of the NRA National Rifle Association. a lobbying organization that primarily represents the interests of the gun manufacturers; the GOP lawmakers who are beholden to the NRA who have enacted laws to immunize the gun manufacturers and dealers that bar victims from pursuing lawsuits for harm they’ve caused; the 2nd amendment zealots who will oppose any attempts to enact even the most sensible gun control legislation.

But all of that was true in the past with the tobacco industry.

The Sandy Hook parents are making inroads on multiple fronts. Eventually, these powerhouses can’t hold against a group of angry, motivated, resourceful parents who have suffered the loss of their children who were gunned down in a school shooting by a terrorist with a gun.

Thanks a million for sharing this post and its message via your reblog.